Personal loan contract
Party A (Borrower):
Party B (Lender):
Party C (guarantor):
Party A, Party B and Party C reach an agreement on the following matters and sign this contract.
The first specific agreement:
(1) The borrower borrows RMB10,000 from the lender. Deliver the bank account and bank/account number provided by Party A before.
(2) The loan under this contract is used for normal production and business activities within the scope permitted by law.
(III) The loan term of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Interest is settled once a month, and the monthly interest is incorporated into the principal of the next month to calculate interest (that is, to calculate compound interest).
(4) The borrower guarantees to repay the loan at the interest specified in this contract from. If the borrower fails to repay the loan on time, the overdue part shall be calculated at the monthly interest rate of 6%.
(V) The loan under this contract is guaranteed by _ unlimited joint personal guarantee and counter-guarantee (see Article 2 of the guarantee clause).
(6) The borrower adopts the method of mortgage, and the scope of mortgage guarantee includes the principal creditor's right and its interest, liquidated damages, damages, expenses for keeping the secured property and realizing the security interests. If the borrower fails to repay the loan at maturity, the lender has the right to be paid in priority for the collateral.
(VII) This contract shall come into effect as of the date of signing, in triplicate, with Party A, Party B and Party C holding one copy respectively.
Article 2. Warranty terms:
(1) The guarantee mode of this contract is joint and several liability guarantee.
(2) the guarantor's guarantee scope:
1. The loan principal, interest (including compound interest) and penalty interest under this contract;
2. liquidated damages, compensation and compensation;
3. Expenses paid for the realization of creditor's rights and pledge (including but not limited to the lawyer's fees incurred by the defaulting party).
(III) The guarantee period of the guarantor's guarantee responsibility shall be from the effective date of this contract to the date when all the debts of the borrower under this contract are paid off.
(4) During the loan period, when the guarantor is declared bankrupt, legally revoked, dissolved or insolvent, the guarantor shall promptly notify Party B, and Party A shall provide a new guarantee.
(v) All the obligations of the Guarantor under this Contract are continuous and fully binding on its legal successors.
2. How to write the loan contract?
loan agreement
Party A (Lender): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (Debit): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to relevant national laws and regulations, on the basis of equality, voluntariness and consensus, Party A and Party B have reached the following agreement on Party B's borrowing from Party A due to temporary economic difficulties:
1. Loan amount:
Party B borrows RMB _ _ _ _ _ _ _ _ from Party A only.
(Lending relationship: Party A lends money to Party B)
2. Loan interest rate:
The loan interest rate on the execution date is 3.3‰0 (3.3 ‰), and the interest is calculated according to the actual loan days.
Three. Loan term:
Party B shall pay off the loan principal and interest of Party A before _ _ _ _ _.
Four. Liability for breach of contract:
If Party B fails to repay the loan principal and interest on the date agreed in Article 3 of this Contract, Party A has the right to charge Party B a penalty of 0.5% of the unpaid principal and interest on a daily basis. If the repayment period exceeds 60 days, Party B shall pay 2% of the outstanding principal and interest to Party A as liquidated damages every day, and Party A reserves the right to recover Party B's principal and interest and liquidated damages through all legal channels.
5. Any dispute arising from the execution of this Agreement shall be settled by both parties through negotiation. If negotiation fails, a lawsuit can be brought according to law.
This agreement is made in duplicate, one for each party.
Party A: Party B:
Date: Date:
Three, how to write a loan contract to have legal effect.
First, how to write a loan contract is legally effective.
1. The main contents such as the loan amount and time required in the loan contract are legal and valid. Specifically including:
(1) Write clearly the legal full names of the borrower and the lender;
(2) Write down the loan amount clearly, including the amount in words and figures;
(,including the start and end date of the loan and a clear loan term;
(4) Write clearly the interest of the loan, with a clear annual interest rate or monthly interest rate, and finally the total loan interest payable;
(5) The date, month, day, time and payment method of repayment of loan principal and interest shall be specified;
(6) The borrower shall personally sign,
2. Legal basis: Article 143 of the Civil Code of People's Republic of China (PRC).
A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) do not violate the mandatory provisions of laws and regulations
Article 145
A civil juristic act that restricts a person's capacity for civil conduct to obtain pure benefits or a civil juristic act that is appropriate to his age, intelligence and mental health is valid; Other civil juristic acts shall take effect with the consent or ratification of the legal representative.
The other party may urge the legal representative to ratify it within 30 days from the date of receiving the notice. The legal representative refused to approve. Before a civil juristic act is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice.
2. What is the format of the loan contract?
Loan contract format
Party A: _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _
Whereas: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to the requirements of the Borrower, the Lender agrees to provide a loan with a total principal of RMB _ _ _ _ _ _ _ _ _ _ _.
NOW, THEREFORE, in consideration of the premise of this Agreement and the mutual agreement of both parties, the parties hereby agree as follows:
1, loan
(1) amount
According to the terms and conditions of this agreement, the total loan is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) Expiration
Since the lender actually issues the loan, the borrower shall repay the loan principal and interest in full.
(3) Interest
The Borrower agrees to pay the Lender the loan interest at the annual interest rate of _ _ _ _% from the date when the Lender actually issues the loan to the date of actual repayment. The interest shall be calculated according to the outstanding principal at any time and the actual loan days, with 360 days per year. Interest should be paid on the due date.
(4) repayment
The repayment time shall not be later than the maturity date and shall be deposited into the bank account designated by the lender.
If any repayment date under this agreement is a non-working day, it shall be paid on the next working day thereafter.
(5) Use
The loan under this agreement is only used for _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Step 2 guarantee
(1) guarantee agreement
As a guarantee for the borrower's debts, the borrower agrees to set up a pledge guarantee in _ _ _ _ _ _ _ _.
(2) Guarantee conditions
The guarantee conditions under this agreement are: unconditional guarantee.
3. Matters of Default
(1) Event of default: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) Consequences of breach of contract:
In case of default, the borrower shall immediately notify the lender of the default, and the lender has the right to receive the notice.
Party A: _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _